Calibrating breathalyzer

ABSTRACT

The calibrating breathalyzer comprises an alcohol sensor, a non-volatile memory, a processing unit or processor, a display and a housing to house these components. The processing unit can calibrate the breathalyzer using the user&#39;s body as a simulator based on the user&#39;s metabolism rate, type and amount of alcohol consumed by the user. The processing unit determines a sample time to receive a breath sample from the user based on a time to a predetermined calibration point from the drinking start time calculated using the user&#39;s metabolism rate and the determined maximum alcohol level. The BAC % measurement based on the user&#39;s breath sample at the sample time is used as a reference point in calibrating the breathalyzer.

RELATED APPLICATION

The present application claims the benefit of U.S. ProvisionalApplication Ser. No. 61/550,910 filed Oct. 21, 1011 and 61/563,706 filedNov. 25, 2011, each of which is incorporated herein by reference in itsentirety.

FIELD OF THE INVENTION

The claimed invention relates generally to a breathalyzer, morespecifically to a calibrating breathalyzer and an apparatus forcalibrating a breathalyzer using the user's body as a simulator.

RELATED ART

The availability and accessibility of the breathalyzer for bothprofessional use (as in clinical, industrial, healthcare or workplacesettings) and personal use (as in the domain of general consumers) hasbeen expanding greatly, and with this expansion the necessity for allbreathalyzers to be periodically recalibrated has created manyinterruptions in the market, as breathalyzers must currently be mailedor delivered to select service center locations where calibration can bedone using a simulation system, making the breathalyzer unavailable tothe user during this calibration period, and increasingly overwhelmingthe service centers as the market grows. The claimed invention remediesthis situation by providing a method to calibrate (or re-calibrate) thebreathalyzer that greatly reduces or even eliminates the time and costinvolved in shipping and handling of breathalyzers and maintenance ofservice centers, as well as the time and utility lost by the end user.

A typical breathalyzer consists primarily of an alcohol sensorcomponent, processing unit (or CPU), and a display unit to show results.Typically, a breath alcohol sensor is calibrated to match selectcalibration points using standard specifications (controlled alcoholsolutions), and the processing unit (or CPU) determines BAC % based onlinear calculation using the calibration points. Over time and usage(generally after several hundred tests and or after certain period oftime passed), every breath alcohol sensor will require re-calibration asundesirable residue and foreign substances including, but not limitedto, saliva, cigarette smoke residue and food particles, changeelectrical value of the alcohol molecule detected by the sensor. Thecurrent system of calibration (or re-calibration) of breathalyzers byservice centers takes place when a consumer or end user, with abreathalyzer in need of calibration, contacts a breathalyzer retailer.The retailer, in turn, directs the end user to ship the breathalyzer toan appropriate service center location. Upon receiving the breathalyzer,the service center uses controlled alcohol solutions in order tore-calibrate the device according to standard specifications. When thisre-calibration is complete, the breathalyzer is shipped back to the enduser. This procedure for re-calibration is time-consuming and costly interms of shipping and handling of packages, labor hours and lost utilityfor the end user. There are currently over 100 retailers (online andoffline) and/or distributors sell breathalyzer units to consumers andend users, whereas fewer than ten (10) service center locations exist toperform traditional breathalyzer re-calibrations. Due to thisdiscrepancy, the overall increase in sales of breathalyzer units areoverwhelming the service centers with requests for re-calibration (whichare both necessary and periodic for each breathalyzer), causing everincreasing delays in the processing and delivery of breathalyzers.

Typically, the breathalyzer is calibrated using a simulator withstandard alcohol solution(s), or with a dry gas cylinder. Both methodsrequire special tool and standard solutions or gas to calibrate thebreathalyzer. Accordingly, the end users must send their breathalyzersto third-party service center for calibration of their breathalyzers orpurchase the special tools, e.g., a simulator to recalibrate thebreathalyzers themselves.

The traditional re-calibration system and procedure involves multipletransactions and/or communications among several entities. Typically anend user (general consumer, owner or operator of a breathalyzer)contacts the retailer from which the breathalyzer was purchased in orderto report that the breathalyzer is in need of re-calibration. Currently,the large majority of all breathalyzer retailers are unable to performre-calibration themselves, so either the retailer accepts breathalyzersrequiring re-calibration from end users and ships them in bulk to abreathalyzer service center, or the retailer directs the end user toship the breathalyzer requiring re-calibration directly to the servicecenter. When the service center receives breathalyzers requiringre-calibration, detailed records of receipts, shipments, customer andretailer (vendor) data must be kept and maintained in order to minimizeerrors in processing and shipping the re-calibrated breathalyzer.Further, any problems that may arise are complicated to resolve, asthese problems involve several parties that are not current with thespecific situation of the end user (e.g. a single re-calibration mayinvolve a retailer, distributor, service center and end user). With themultiple communications, transactions, record-keeping, processing andshipping that may be involved with each re-calibration, a steadyincrease in delays, costs and other problems can be seen in thebreathalyzer market, because re-calibrations are unavoidable andperiodically necessary.

In order to alleviate the time and utility lost when sending abreathalyzer for re-calibration, some end users purchase multiplebreathalyzers so that at least one breathalyzer is available for usewhile one or more other devices are undergoing service forre-calibration. Some end users cannot afford the increase in budget inorder to implement this type of stopgap measure, so compromises are madeeither in terms of temporary suspension of breath alcohol tests orover-taxing breathalyzer units beyond the point of necessaryre-calibration (thereby allowing the breathalyzer to displayincreasingly inaccurate readings). In many cases, end users elect not touse breathalyzers altogether primarily due to the complications ofre-calibration. Re-calibration, though an absolute necessity in thebreathalyzer market, is one of the main impediments to rapid expansionof the market, especially in workplace, clinical or other professionalenvironments where both accuracy and continuous utility are required.

Accordingly, the claimed invention proceeds upon the desirability ofproviding significant benefits for both the breathalyzer service centersand the end users by practically eliminating the loss of time andutility for end users and reducing the number of labor hours andshipping costs for service centers, all while introducing an effectivesolution at a cost no greater than the current service center system.

OBJECTS AND SUMMARY OF THE INVENTION

Therefore, it is an object of the claimed invention to provide asignificantly improved replacement for the traditional method ofbreathalyzer re-calibration that supports market security by reducing oreliminating the time and utility lost by the end user and that alsoexpands the market by addressing the specific needs of industrial orclinical breathalyzer applications.

It is a further object of the claimed invention to provide a calibratingbreathalyzer which solves aforementioned problems with the currentbreathalyzer.

In accordance with an exemplary embodiment of the claimed invention, thecalibrating breathalyzer comprises an alcohol sensor, a non-volatilememory, a processing unit or processor, a display and a housing to housethese components. The alcohol sensor receives a breath air sample andmeasuring percent blood alcohol concentration (BAC %) based on analysisof the breath sample. The non-volatile memory stores calibration data ofthe alcohol sensor comprising one or more reference values within theBAC % range of the breathalyzer can analyze and display. The processingunit operates the breathalyzer in two modes. In the calibration mode,the processing unit calibrates the breathalyzer using the user's body asa simulator by receiving information regarding a metabolism rate of theuser, type and amount of alcohol consumed by the user, and a drinkingstart time; determining maximum alcohol level from the type and amountof the alcohol consumed by the user; determining a sample time toreceive a breath sample from the user based on a time to a predeterminedcalibration point from the drinking start time calculated using themetabolism rate of the user and the maximum alcohol level; receiving aBAC % measurement from the alcohol sensor based on the breath sampleprovided by the user at the sample time to provide a reference value;and storing the reference value as the calibration data in thebreathalyzer. In the operation mode, the processing unit provides a BAC% reading based on the BAC % measurement by the alcohol sensor and thecalibration data stored in the non-volatile memory. The processing unitdisplays the BAC % reading and other information for the user on thedisplay.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer alerts the user at apredetermined time before the sample time to provide the breath samplefor calibrating the breathalyzer by an alarm, vibration, speaker, or amessage on the display.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer further comprises one or more buttons on thehousing to input information about the type and amount of alcoholconsumed by the user. The processing unit provides a list of alcoholtypes on the display for selection by the user using the buttons andstores the selection of the user in the non-volatile memory.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer modifies the sample timeby a predetermined lag time for alcohol to be present in user'scirculatory system after alcohol consumption by the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer determines the metabolismrate of the user based on the maximum alcohol level and BAC %measurements of the user's breath samples over a predetermined period oftime.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer receives BAC % measurementfrom the alcohol sensor based on the breath sample provided by the userat a predetermined interval until a statistically significant number ofmeasurements are obtained to determine the metabolism rate of the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processing unit of the breathalyzer alerts the user to providethe breath sample at the predetermined interval by an alarm or a messageon the display.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer is one of the following: a portable breathalyzer,a coin-operated breathalyzer, a key-chain breathalyzer or a car ignitionbreathalyzer.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid breathalyzer further comprises a heating unit to warm up thealcohol sensor to a predetermined temperature.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid alcohol sensor of the breathalyzer detects changes inconductivity according to varying levels of alcohol concentration insaid breath sample.

In accordance with an exemplary embodiment of the claimed invention,apparatus for calibrating a breathalyzer using a user's body as asimulator comprises an input device, a processor, a memory and adisplay. The input device receives information regarding a metabolismrate of the user, type and amount of alcohol consumed by the user, and adrinking start time. The processor determines a maximum alcohol levelfrom the type and amount of the alcohol consumed by the user,determining a sample time to receive a breath sample by the breathalyzerfrom the user based on a time to a predetermined calibration point fromthe drinking start time calculated using the metabolism rate of the userand the maximum alcohol level. The processor receives a BAC %measurement taken by the breathalyzer based on the breath sampleprovided by the user at the sample time to provide a reference value.The memory stores the reference value in the breathalyzer. The processordisplays the reference value to be inputted by the user into thebreathalyzer on the display to provide a calibration data which isstored in the breathalyzer and used by the breathalyzer to provide BAC %reading to the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor of the apparatus alerts the user at a predeterminedtime before the sample time to provide the breath sample to thebreathalyzer by an alarm or a message on the display.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor of the apparatus provides a list of alcohol types onthe display for selection by the user using the input device and thememory stores the selection of the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor of the apparatus modifies the sample time by apredetermined lag time for alcohol to be present in user's circulatorysystem after alcohol consumption by the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor of the apparatus determines the metabolism rate ofthe user based on the maximum alcohol level and BAC % measurements ofthe user's breath samples taken by the breathalyzer over a predeterminedperiod of time.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid processor of the apparatus alerts the user to provide thebreath sample to the breathalyzer at a predetermined interval by analarm or a message on the display until a statistically significantnumber of measurements are obtained to determine the metabolism rate ofthe user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid apparatus is one of the following processor based device: apersonal digital assistant, a smart phone, a tablet, a laptop, apersonal computer, GPS navigation system and other comparable electronicdevice.

In accordance with an exemplary embodiment of the claimed invention, anon-transitory computer readable storage medium comprises computerexecutable code for calibrating of a breathalyzer using a user's body asa simulator. The code comprises instructions for the processor baseddevice to (1) receive information regarding a metabolism rate of theuser, type and amount of alcohol consumed by the user, and a drinkingstart time; (2) determine a maximum alcohol level from the type andamount of the alcohol consumed by the user by the processor baseddevice, (3) determine a sample time to receive a breath sample by thebreathalyzer from the user based on a time to a predeterminedcalibration point from the drinking start time calculated by theprocessor based device using the metabolism rate of the user and themaximum alcohol level; (4) receive a BAC % measurement taken by thebreathalyzer based on the breath sample provided by the user at thesample time to provide a reference point; (5) store the reference pointas an original reference point for a first calibration of thebreathalyzer and as a new reference point for subsequent calibration ofthe breathalyzer; and (6) display the reference point to be inputted bythe user into the breathalyzer to provide calibration data which isstored in the breathalyzer and used by the breathalyzer to provide BAC %reading to the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid code further comprises instructions for alerting the user at apredetermined time before the sample time to provide the breath sampleto the breathalyzer by an alarm or a message on the display of theprocessor based device.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid code further comprises instructions for providing a list ofalcohol types on the display of the processor based device for selectionby the user and storing the selection of the user.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid code further comprises instructions for determining themetabolism rate of the user based on the maximum alcohol level and aseries of BAC % measurements of the user's breath samples taken by thebreathalyzer over a predetermined period of time.

In accordance with an exemplary embodiment of the claimed invention, theaforesaid code further comprises instructions for alerting the user toprovide the breath sample to the breathalyzer at a predeterminedinterval by an alarm or a message on the display of the processor baseddevice until a statistically significant number of measurements areobtained to determine the metabolism rate of the user.

The traditional re-calibration system and procedure involves multipletransactions and/or communications among several entities. Typically anend user (general consumer, owner or operator of a breathalyzer)contacts the retailer from which the breathalyzer was purchased in orderto report that the breathalyzer is in need of re-calibration. Currently,the large majority of all breathalyzer retailers are unable to performre-calibration themselves, so either the retailer accepts breathalyzersrequiring re-calibration from end users and ships them in bulk to abreathalyzer service center, or the retailer directs the end user toship the breathalyzer requiring re-calibration directly to the servicecenter. When the service center receives breathalyzers requiringre-calibration, detailed records of receipts, shipments, customer andretailer (vendor) data must be kept and maintained in order to minimizeerrors in processing and shipping the re-calibrated breathalyzer.Further, any problems that may arise are complicated to resolve, asthese problems involve several parties that are not current with thespecific situation of the end user (e.g. a single re-calibration mayinvolve a retailer, distributor, service center and end user). With themultiple communications, transactions, record-keeping, processing andshipping that may be involved with each re-calibration, a steadyincrease in delays, costs and other problems can be seen in thebreathalyzer market, because re-calibrations are unavoidable andperiodically necessary.

Various other objects, advantages and features of the present inventionwill become readily apparent from the ensuing detailed description, andthe novel features will be particularly pointed out in the appendedclaims.

BRIEF DESCRIPTION OF FIGURES

The following detailed descriptions, given by way of example, and notintended to limit the present invention solely thereto, will be best beunderstood in conjunction with the accompanying figures:

FIG. 1 is a diagram of a calibrating breathalyzer in accordance with anexemplary embodiment of the claimed invention;

FIG. 2 is a diagram illustrating the primary circuitry of the alcoholsensor and non-volatile memory of the breathalyzer in accordance with anexemplary embodiment of the claimed invention;

FIG. 3 is a diagram of a calibrating apparatus for calibrating astandard breathalyzer in accordance with an exemplary embodiment of theclaimed invention;

FIG. 4 is a diagram of a processor based device incorporating thecalibrating breathalyzer in accordance with an exemplary embodiment ofthe claimed invention; and

FIG. 5 is a diagram of a communication network incorporating a web-basedcalibrating apparatus in accordance with an exemplary embodiment of theclaimed invention.

DETAILED DESCRIPTION OF THE EMBODIMENTS

The Breath Alcohol Testing Device is also commonly called a“breathalyser” or a “breathalyzer” (hereinafter breathalyzer), andincludes both portable (PBT or Portable Breath Tester), stationary(coin-operated breathalyzer or similar) units, car engine immobilizingbreath alcohol tester, and alcohol tester installed on other electronicdevice, such as a cell phone, a tablet, a lap-top, a personal digitalassistant, a GPS navigation device, etc.

Turning now to FIG. 1, in accordance with an exemplary embodiment of theclaimed invention, the breathalyzer's processor, microcontroller,microprocessor, processing unit or signal processing unit 100(collectively referred to herein as the “processor” or “processingunit”) is connected to an alcohol sensor 200, a heating unit 210 and anon-volatile memory 220. As shown in FIG. 2, the sensor circuitry 11 ofthe alcohol sensor 200, a heating circuitry 13 of the heating unit 210and a memory circuitry 15 of the non-volatile memory 220 are on aprinted circuit board (PCB) 60 and connected to the CPU circuitry 30 ofthe processing unit 100. The non-volatile memory unit 220 can be EEPROM,flash drive, NAND and the like to store initial factory calibration datafor the alcohol sensor 200. The sensor circuitry 11 of the alcoholsensor 200 is operable to detect changes in conductivity according tovarying levels of alcohol concentration. The heating unit 210 isoperable to warm up the alcohol sensor 200 to a pre-determinedtemperature. The non-volatile memory unit 220 stores initial factorycalibration data, which is used by the breathalyzer's processor orprocessing unit 100 to recalibrate the breathalyzer 1000. The memorycircuitry 15 can include various pins, such as pin 7 labeled as “W/P,”which means “write-protect,” to prevent the non-volatile memory unit 220from losing the calibration data.

The sensor circuitry 11 comprises a variable resistor which variesdepending on how much alcohol is in the air near or in close proximityto the alcohol sensor 200. The more alcohol is in the air, the lower theresistance. That is, breathalyzer 1000 measures the alcohol in thebreath by measuring the resistance. Instead of measuring the resistance,the breath alcohol sensor 200 can measure the voltage level between thesensor circuitry 11 and the load resistor R1. The sensor circuitry 11and the load resistor essentially forms a voltage divider, and the lowerthe resistance of the sensor circuitry 11, the higher the sensor voltagereading. It is generally known that breath and blood alcohol contentdiffer by a factor of 2100. That is, for every mg of alcohol in thebreath, there are 2100 mg of alcohol in the blood. So BAC % (bloodalcohol content or concentration percentage) equals breath mg/L*0.21.Accordingly, the non-volatile memory 220 additionally stores sensorvoltage readings and resistance measurements of various predeterminedBAC % and breath mg/L.

Returning to FIG. 2, in accordance with an exemplary embodiment of theclaimed invention, the breathalyzer's processor or processing unit 100communicates with the sensor circuitry 11 through a pin 3 andcommunicates with the memory circuit 15 through pins 4 and 5 toretrieve, e.g., the calibration data from the non-volatile memory 220.

Typically, the user purchases the breathalyzer 1000 for work (e.g., apolice officer can use it for sobriety testing), clinical studies,personal use, etc. After many repeated uses, the breathalyzer generallyrequires re-calibration due to electrical drifting of one or morecomponents of the alcohol sensor 200 and/or other problems discussedherein. Typically, the breathalyzer 1000 requires re-calibration afterbeing used for 200-2000 times (varying depend on the type of alcoholsensor and other factors noted herein). Alternatively, the alcoholsensor 200 or the processing unit 100 of the breathalyzer can performtests periodically or upon request by the operator (i.e., pressing abutton 310 or using a pin hole 310 on the housing of the breathalyzer)to determine if the alcohol sensor 200 requires re-calibration. Aninquiry is made to determine if the breathalyzer 1000 requiresre-calibration. If the inquiry is answered in the negative, thebreathalyzer 1000 can be used to calculate or measure BAC %. However, ifthe inquiry is answered in the affirmative, the user can initiatere-calibration of the breathalyzer 1000. Alternatively, the user isalerted by an alarm or a message on the LED or LCD display 300 on thebreathalyzer 1000 indicating that the breathalyzer 1000 requiresrecalibration, and the user can initiate re-calibration by pressing abutton on the housing of the breathalyzer 1000 or inputting yes tore-calibration when prompted by the message on the LED or LCD display300 on the breathalyzer 1000.

In accordance with an exemplary embodiment of the claimed invention,when the user initiates re-calibration, the breathalyzer 1000 enters acalibration mode. In the calibration mode, the processor or processingunit 100 reads the initial factory calibration data for the alcoholsensor 200 from the non-volatile memory 220. The initial factorycalibration data can include one or more predetermined BAC's %, andcorresponding sensor voltage measurements and resistance measurements.For each predetermined BAC %, the breathalyzer 1000 applies thecorresponding stored sensor voltage, and then measures the resistance.If the measured resistance is different from the stored resistancemeasurement for one or more predetermined BAC %'s, then theprocessor/processing unit 100 recalibrates the breathalyzer 1000 byadjusting the correspondence or relationship between the BAC %,resistance and the sensor voltage. Further, the processor/processingunit 100 replaces the stored resistance measurement in the non-volatilememory 220 with the measured resistance value. Alternatively, for eachpredetermined BAC %, the breathalyzer 1000 applies the correspondingstored resistance, and then measures the sensor voltage. If the measuredsensor voltage is different from the stored sensor voltage measurementfor one or more predetermined BAC's %, then the processor/processingunit 100 recalibrates the breathalyzer 1000 by adjusting thecorrespondence or relationship between the BAC %, the resistance, andthe sensor voltage. Further, the processor/processing unit 100 replacesthe stored sensor voltage measurement in the non-volatile memory 220with the measured sensor voltage value.

In accordance with an exemplary embodiment of the claimed invention, thecalibrating breathalyzer 1000 determines the change in the relationshipbetween BAC %, resistance and sensor voltage. The breath alcohol sensormeasurement is then recalibrated to account for this change in therelationship between BAC % resistance and sensor voltage.

In accordance with an exemplary embodiment of the claimed invention, thecalibrating breathalyzer 1000 can be recalibrated by the end userwithout requiring any special tools (e.g., simulator with eitherstandard alcohol solution(s) or dry gas) or without utilizing thirdparty services. The claimed calibrating breathalyzer 1000 essentiallyutilizes the human body as the simulator and operator's breadth airafter consumption of predetermined volume of alcohol (e.g., BAC %) asthe standard alcohol solution or dry gas, thereby eliminating thecurrent inefficient and costly calibration process. As soon as onedrinks alcohol, the alcohol moves within the body through thecirculatory system. As the body begins to metabolize the alcohol basedon the user's metabolism rate, the alcohol level in the body decreasesgradually over time. The processor 100 predicts or determines how longafter the consumption of the alcohol (hereinafter the “elapsed time”),the user's breath will contain approximately one of the predeterminedBACs % based on the user's metabolism rate. It is appreciated that therequired calibration points can be predetermined at the factory orestablished by the user before initiating the self-calibration process.The claimed breathalyzer 1000 can employ one or more calibration valuesor points, e.g., 0.005 BAC %, 0.01 BAC %, etc. That is, the claimedinvention proceeds upon the desirability of utilizing the end user's oroperator's body as a simulator or cylinder by recording and/ordetermining the period of time required to reach the predeterminedcalibration point(s) after consuming the predetermined volume (and/orlevel) of alcohol.

In accordance with an exemplary embodiment of the claimed invention,after receiving the information regarding the type, amount and time ofthe alcohol consumed by the user, the processor 100 sets the timer tozero and alerts the user to provide a breath sample when the timer nearsthe elapsed time. The processor 100 stores the measured BAC % as areference value or a calibration data in the non-volatile memory 220 andprovides BAC % measurement during the normal operation mode based onlinear calculation using the stored reference point or calibration data.Details of BAC % calculation are set forth in a document issued by theDOR/NHTSA on October 1994, entitled “Computing of BAC Estimate,” whichis incorporated herein in its entirety. The processor 100 repeats thisprocess other predetermined BAC % or calibration points. For example, ifthere are two predetermined calibration points, then the processor 100determines the elapsed time 1 for the first calibration point and theelapsed time 2 for the second calibration point based on the user'smetabolism rate. The processor 100 sets the timer to zero and alerts theuser to provide a first breath sample when the timer nears the elapsedtime 1 and a second breath sample when the timer nears elapsed time 2.The processor 100 stores the measured BAC's % at these two elapsed timesas reference points in the non-volatile memory 220 and provides BAC %measurement during the normal operation mode based on linear calculationusing the stored reference points. It is appreciated that the maximumBAC % for calibration must exceed the highest reference point.

Typically, the user purchases the breathalyzer for work (e.g., a policeofficer can use it for sobriety testing), clinical studies, personaluse, etc. After many repeated uses, the breathalyzer generally requiresre-calibration as discussed herein. When the standard breathalyzerrequires re-calibration, the user contacts the retailer and the retailerdirects the user to an appropriate service center. The user then shipsthe standard breathalyzer to the service center for re-calibration. Uponreceipt of the standard breathalyzer, the service center calibrates thestandard breathalyzer, e.g., using the simulation system, and ships there-calibrated breathalyzer back to the user, thereby enabling the useruse the standard breathalyzer to calculate or measure BAC %.

In accordance with an exemplary embodiment of the claimed invention,after consuming predetermined volume and/or level of alcohol, the usercan operate the claimed breathalyzer 1000 in the calibration mode toinitiate the calibration of the claimed breathalyzer 1000. In thecalibration mode, the processor 100 self-calibrates the breathalyzer1000 utilizing the user's body as a simulator based on informationreceived from the user. After consuming the alcohol, the user enters thetype and amount of alcohol consumed, e.g., one 12 ounce bottle or can ofbeer (5% alcohol by volume), one 5 ounce glass of wine (12% alcohol byvolume) or one 1.5 ounce shot of hard liquor (40% alcohol by volume),etc., into the breathalyzer 100 using the buttons or pin holes 310.Preferably the user selects the type of alcohol consumed from a list onthe display 300 using the buttons/pin holes 310 and enters the amount,e.g., two 12 ounce cans of beer, and how long ago (i.e., time elapsedbetween the consumption of the alcohol and entry of such informationinto the breathalyzer 1000). That is, the processor 100 displays a listof alcohol types on the display 300 and the user selects the type ofalcohol consumed using the buttons/pin holes 310. The processor 100stores the user's selection in the non-volatile memory 220, and requeststhe user to enter the number, volume or amount of the selected alcoholconsumed by the user on the display 300, which is also stored in thenon-volatile memory 220. Further, the user enters the time when the userstarted drinking the selected alcohol or the start time into thebreathalyzer 1000 using the buttons 310. In accordance with an exemplaryaspect of the claimed invention, the processor 100 determines the totaldrinking time in minutes. Since it takes time before alcohol circulatesin the user's blood after consumption, this lag time, which is generallyapproximately 5-10 minutes, is used to modify the start time. Theprocessor uses the modified start time to set timer to zero inmeasuring/calculating the elapsed time(s) for the calibration point(s).

In accordance with an exemplary embodiment of the claimed invention, theprocessor 100 calculates or receives the user's metabolism rate andstores it in the non-volatile memory 220, preferably, this is performedbefore the breathalyzer 1000 is used for the first time. After consumingthe alcohol, the user enters the type and amount of alcohol consumed,e.g., one 12 ounce bottle or can of beer (5% alcohol by volume), one 5ounce glass of wine (12% alcohol by volume) or one 1.5 ounce shot ofhard liquor (40% alcohol by volume), etc., into the breathalyzer 100using the buttons 310. Preferably the user selects the type of alcoholconsumed from a list on the display 300 using the buttons 310 and entersthe amount, e.g., two 12 ounce cans of beer. That is, the processor 100displays a list of alcohol types on the display 300 and the user selectsthe type of alcohol consumed using the buttons 310. The processor 100stores the user's selection in the non-volatile memory 220, and requeststhe user to enter the number, volume or amount of the selected alcoholconsumed by the user on the display 300, which is also stored in thenon-volatile memory 220. As the body begins to metabolize the alcohol,the alcohol level in the body decreases gradually over time based on theuser's metabolism rate. The processor 100 can determine the maximumalcohol level from the type and amount of alcohol consumed by the user,e.g., two 12 ounce cans of beer or one 1.5 ounce shot of hard liquor,etc. After receiving the user's entry regarding the alcohol consumption,the processor 100 periodically, e.g., every five or ten minutes,requests the user to provide the breath samples until sufficient numberof measurements are obtained. It is appreciated that the range of BAC %measurements should be statistically significant to determine the user'smetabolism rate. The processor 100 can determine the user's metabolismrate based on the maximum alcohol level and the BAC % measurements. Thatis, since the decrease in user's BAC % measurements (i.e., percentalcohol in the user's blood) correlates with user's metabolism rate, theprocessor 100 can determine the user's metabolism rate from the changeand/or the rate of change in percent alcohol in the user's blood or BAC% measurements over time. It is appreciated that the processor 100 canemploy other known methodologies to determine the user metabolism rate,such as based on user's weight, gender, frequency of alcohol consumptionand personal variation.

After many repeated uses of the breathalyzer 100 to calculate or measureBAC %, the breathalyzer 1000 generally requires re-calibration asdiscussed herein. Typically, the breathalyzer 1000 requiresre-calibration after being used for 100-3000 times (varying depend onthe factors noted herein). Alternatively, the alcohol sensor 200 or theprocessing unit 100 of the breathalyzer 1000 can perform testsperiodically or upon request by the operator (i.e., pressing a button onthe housing of the breathalyzer 1000) to determine if the alcohol sensor200 requires re-calibration. The user can initiate self-calibration byoperating the breathalyzer 1000 in the calibration mode. As notedherein, after consuming the alcohol, the user enters the type and amountof alcohol consumed, e.g., two 5 ounce glasses of wine or one 1.5 ounceshot of hard liquor, into the breathalyzer 100 using the buttons 310.Preferably the user selects the type of alcohol consumed from a list onthe display 300 using the buttons 310 and enters the amount, e.g., two12 ounce cans of beer, and how long ago (i.e., time elapsed between theconsumption of the alcohol and entry of such information into thebreathalyzer 1000). That is, the processor 100 displays a list ofalcohol types on the display 300 and the user selects the type ofalcohol consumed using the buttons 310. The processor 100 stores theuser's selection in the non-volatile memory 220, and requests the userto enter the number, volume or amount of the selected alcohol consumedby the user on the display 300, which is also stored in the non-volatilememory 220. Further, the user enters the time when the user starteddrinking the selected alcohol or the start time into the breathalyzer1000 using the buttons 310. The processor 100 uses the start timemodified by the lag time to set the timer to zero inmeasuring/calculating the elapsed time(s) for the calibration point(s).

As the body begins to metabolize the alcohol based on the user'smetabolism rate, the alcohol level in the body decreases gradually overtime. Based on the information received from the user regarding theconsumed alcohol, the processor 100 can determine the maximum alcohollevel. Based on the user's stored metabolism rate and informationreceived from the user regarding the consumed alcohol, the processor 100can determine the elapsed time before the user's breath will contain oneof the calibration points or predetermined BAC %. The claimedbreathalyzer 1000 can employ one or more calibration points, e.g., 0.005BAC %, 0.01 BAC %, etc.

In accordance with an exemplary embodiment of the claimed invention,after receiving the information regarding the type, amount and time ofthe alcohol consumed by the user, the processor 100 sets the timer tozero and alerts the user to provide a breath sample when the timer nearsthe elapsed time. The processor 100 stores the measured BAC % as a newreference point or calibration data in the non-volatile memory 220 andprovides BAC % measurement during the normal operation mode based onlinear calculation using the reference point(s) stored in thenon-volatile memory 220. Although one calibration point is used in thisexample, it is appreciated that more than calibration point can be usedto obtain multiple new reference points. The processor 100 provides BAC% measurement during the normal operation mode based on linearcalculation using the new and original reference points.

Turning now to FIG. 3, in accordance with an exemplary embodiment of theclaimed invention, apparatus 500 for calibrating a standard breathalyzer600 using a user's body as a simulator comprises an input device 510, aprocessor 520, a memory 530 and a display 540. It is appreciated thatthe calibrating apparatus 500 can be any processor based device, such asa personal digital assistant, a smart phone, a tablet, a laptop, apersonal computer, a GPS navigation device, a digital camera and thelike. The input device 510, such as a keyboard, touchpad, mouse, buttonsand the like, receives information regarding a metabolism rate of theuser, type and amount of alcohol consumed by the user, and a drinkingstart time. Preferably, the processor 520 of the apparatus 500 providesa list of alcohol types on the display 540 for selection by the userusing the input device 510 and the memory 530 stores the selection ofthe user. The processor 520 determines a maximum alcohol level from thetype and amount of the alcohol consumed by the user. The processor 520also determines a sample time to receive a breath sample by thebreathalyzer 600 from the user based on a time to a predeterminedcalibration point from the drinking start time calculated using themetabolism rate of the user and the maximum alcohol level. Preferably,the processor 520 modifies the sample time by a predetermined lag time,e.g., 5 to 10 minutes, for the alcohol to be present in user'scirculatory system after the alcohol is consumed by the user. Theprocessor 520 receives a BAC % measurement taken by the breathalyzer 600based on the breath sample provided by the user at the sample time toprovide a reference point. Preferably, the processor 520 alerts the userat a predetermined time before the sample time to provide the breathsample to the breathalyzer 600 by an alarm or a message on the display540. The memory 530 stores the reference point for use as a calibrationdata by the breathalyzer 600. The display 540 presents the referencepoint to be inputted by the user into the breathalyzer 600 to provide acalibration data which is stored in the breathalyzer 600 and used by thebreathalyzer 600 to provide BAC % readings for the breath samples.

In accordance with an exemplary embodiment of the claimed invention, theprocessor 520 of the apparatus 500 can determine the metabolism rate ofthe user based on the maximum alcohol level and BAC % measurements ofthe user's breath samples taken by the breathalyzer 600 over apredetermined period of time, e.g., 1-3 hours, until one or morepredetermined BAC % measurements or calibration points are reached. Theprocessor 520 can alert the user to provide the breath sample to thebreathalyzer 600 at a predetermined interval by an alarm or a message onthe display 540 until a statistically significant number of measurementsare obtained to determine the metabolism rate of the user.

In accordance with an exemplary embodiment of the claimed invention, anon-transitory computer readable storage medium, such as DVD, CD, memorystick, USB drive, and other known storage device, comprises computerexecutable code for calibrating of a breathalyzer 600 using a user'sbody as a simulator. The code comprises instructions for the processorbased device 500 to (1) receive information regarding a metabolism rateof the user, type and amount of alcohol consumed by the user, and adrinking start time; (2) determine a maximum alcohol level from the typeand amount of the alcohol consumed by the user by the processor baseddevice 500; (3) determine a sample time to receive a breath sample bythe breathalyzer 600 from the user based on a time to a predeterminedcalibration point from the drinking start time calculated by theprocessor based device 500 using the metabolism rate of the user and themaximum alcohol level; (4) receive a BAC % measurement taken by thebreathalyzer 600 based on the breath sample provided by the user at thesample time to provide a reference point; (5) store the referencevalue/point; and (6) display the reference point to be inputted by theuser into the breathalyzer 600 to provide a calibration data which isstored in the breathalyzer 600 and used by the breathalyzer 600 toprovide BAC % readings for the breath samples.

In accordance with an exemplary embodiment of the invention, thecomputer executable code can be downloaded from a provider's website orweb server 800 via a communications network or Internet, as shown inFIG. 5 or installed from a computer readable storage medium to aprocessor based device 500 to calibrate the standard breathalyzer 600using the user's or operator's body as a simulator. The processor baseddevice 500 can be a personal digital assistant, a cell or smart phone, atablet, a laptop, a personal computer, a GPS navigation device, adigital camera or other comparable devices.

In accordance with an exemplary embodiment of the claimed invention, asshown in FIGS. 1-3, an alcohol testing unit 700 comprises at least thealcohol sensor 200, and a sensor cover 710 comprising a plurality ofholes and an input/output port 720. Additionally, the alcohol testingunit 700 can comprises one or more buttons/pin holes 310 and/or aheating unit 210. The alcohol testing unit 700 communicates with theprocessor based device 500 via the input/output port 720. It isappreciated that input/output port 720 can be any standard computerinterface, such as universal serial bus (USB) connector 720. Although,not shown, the alcohol testing unit 700 can further comprises acommunication unit 730 to wirelessly communicate with the processorbased device 500 over a wireless network, Wi-Fi, Wi-Max, Bluetooth andthe like. The user provides a breath sample to the alcohol testing unit700 by blowing through the sensor cover 710 and onto the alcohol sensor200 positioned behind the sensor cover 710. It is appreciated that thealcohol sensor 200 can be located elsewhere in the alcohol testing unit700 and the user's breath sample can be directed to the alcohol sensor200 via an optional air tube (not shown). The alcohol sensor 200provides the BAC % measurement to the processor based device 500 runninga breathalyzer application/program which can be downloaded onto theprocessor based device 500 from the provider's website/web server 800 orloaded from the non-transitory computer readable storage medium. Thatis, the claimed invention can convert any processor based electronicdevice 500 into a breathalyzer utilizing the alcohol testing unit 700and the breathalyzer application/program. The external alcohol testingunit 700 can be re-calibrated using the user's body as a simulator asdescribed herein.

In accordance with an exemplary embodiment of the claimed invention, theprocessor based device 500 comprises a built-in or internal alcoholtesting unit 700, thereby eliminating the need to connect (e.g., via awireless or wired connection) the external alcohol testing unit 700 tothe processor based device 500. The processor based device 500 can beutilized both as a breathalyzer and a cell phone, a tablet, a GPSnavigation system, a laptop, a PC, a digital camera, a personal digitalassistant, etc. As shown in FIGS. 1, 2 and 4, the user provides a breathsample to the processor based device 500 through the sensor cover 710and onto the alcohol sensor 200 positioned behind the sensor cover 710.It is appreciated that the alcohol sensor 200 can be located elsewherein the alcohol testing unit 700 and the user's breath sample can bedirected to the alcohol sensor 200 via an optional air tube (not shown).The built-in or internal alcohol testing unit 700 can be re-calibratedusing the user's body as a simulator as described herein.

In accordance with an exemplary embodiment of the claimed invention, theuser can access and utilize a calibration application from theprovider's website or web server 800 to calibrate the breathalyzer usinga web-enabled client device 500, such as a laptop, a tablet, a cell orsmart phone, a personal digital assistant, etc. After invoking thecalibration application, using the web-enabled client device 500, theuser enters information regarding the user's metabolism rate, type andamount alcohol consumed by the user, and the drinking start time.Preferably, the web server 800 provides a list of alcohol types to theweb-enabled client device 500 to display on the display 540 forselection by the user using the input device 510 of the web-enabledclient device 500. The user's selection can be stored in the memory ofthe web-enabled client device and/or the web server 800. The web-enabledclient device 500 transmits the entered information to the web server800 over the Internet.

The web server 800 determines a maximum alcohol level from the type andamount of the alcohol consumed by the user. The web server 800 alsodetermines a sample time to receive a breath sample by the breathalyzer600 from the user based on a time to a predetermined calibration pointfrom the drinking start time calculated using the metabolism rate of theuser and the maximum alcohol level. Preferably, the web server 800modifies the sample time by a predetermined lag time, e.g., 5 or 10minutes, for the alcohol to be present in user's circulatory systemafter the alcohol is consumed by the user. The web server 800 receives aBAC % measurement taken by the breathalyzer 600 based on the breathsample provided by the user at the sample time to provide a referencepoint. Preferably, the web server 800 instructs the web-enabled clientdevice 500 to alert the user at a predetermined time before the sampletime to provide the breath sample to the breathalyzer 600 by an alarm ora message on the display 540. The memory of the web-enabled clientdevice 500 and/or web server 800 stores the reference point for use as acalibration data by the breathalyzer 600. The display 540 presents thereference point to be inputted by the user into the breathalyzer 600 toprovide a calibration data which is stored in the breathalyzer 600 andused by the breathalyzer 600 to provide BAC % readings for the breathsamples.

The present invention, having been described, will make apparent tothose skilled in the art that the same may be varied in many wayswithout departing from the spirit and scope of the invention. Any andall such modifications are intended to be included within the scope ofthe following claims.

1-30. (canceled)
 31. A calibrating breathalyzer, comprising: an alcoholsensor for receiving a breath air sample and measuring percent bloodalcohol concentration (BAC %) based on analysis of the breath sample; anon-volatile memory for storing calibration data of the alcohol sensorcomprising one or more reference points; a processing unit for operatingthe breathalyzer in two modes: (A) a calibration mode to calibrate thebreathalyzer using a user's body as a simulator by receiving a BAC %measurement from the alcohol sensor based on the breath sample providedby a user at a sample time to provide a reference point, the sample timedetermined based on a user's metabolism rate; and storing the referencepoint; and (B) an operation mode to provide a BAC % reading based on theBAC % measurement by the alcohol sensor and the calibration data storedin the non-volatile memory; a display for displaying the BAC % readingand other information to a user; and a housing to house the processingunit, the alcohol sensor, the non-volatile memory and the display. 32.The calibrating breathalyzer of claim 31, further comprising an inputdevice for receiving information about type and amount of alcoholconsumed by the user, and a drinking start time; wherein the processingunit provides a list of alcohol types on the display for selection bythe user using the input device and stores the selection of the user inthe non-volatile memory; and wherein the processing unit determines amaximum alcohol level from the type and amount of alcohol consumed bythe user, and determines the user's metabolism rate based on the maximumalcohol level and BAC % measurement over a predetermined period of time.33. The calibrating breathalyzer of claim 32, wherein the processingunit alerts the user at a predetermined time before the sample time toprovide the breath sample for calibrating the breathalyzer by an alarmor a message on the display; and wherein the processing unit receivesBAC % measurements from the alcohol sensor based on the breath samplesprovided by the user at a predetermined interval until a statisticallysignificant number of measurements are obtained to determine the user'smetabolism rate.
 34. The calibrating breathalyzer of claim 32, whereinthe processing unit determines the sample time to receive the breathsample from the user based on a time to a predetermined calibrationpoint from the drinking start time calculate using the user's metabolismrate and the maximum alcohol level; and wherein the processing unitmodifies the sample time by a predetermined lag time for alcohol to bepresent in user's circulatory system after alcohol consumption by theuser.
 35. The calibrating breathalyzer of claim 31, wherein thebreathalyzer is one of the following: a portable breathalyzer, acoin-operated breathalyzer, a key-chain breathalyzer, or a car ignitionbreathalyzer.
 36. The calibrating breathalyzer of claim 31, wherein thebreathalyzer is one of a following processor based device: a tablet, alaptop, a personal computer, a cell phone, a GPS navigation device, adigital camera or a personal digital assistant.
 37. The calibratingbreathalyzer of claim 36, further comprising an external alcohol testingunit comprising the alcohol sensor and at least one of the following: acommunications unit to wirelessly communicate BAC % measurement to theprocessing unit of the processor based device or a USB connector tocommunicate with the processing unit via a USB port of the processorbased device.
 38. Apparatus for calibrating a breathalyzer using auser's body as a simulator, comprising: a processor for receiving apercent blood alcohol concentration (BAC %) measurement from the alcoholsensor based on the breath sample provided by the user at a sample timeto provide a reference point, the sample time determined based on auser's metabolism rate; a memory for storing the reference point; and adisplay for displaying the reference point to be inputted by the user asa calibration data into the breathalyzer.
 39. The apparatus of claim 38,further comprising an input device for receiving information about typeand amount of alcohol consumed by the user, and a drinking start time;and wherein the processor provides a list of alcohol types on thedisplay for selection by the user using the input device, stores theselection of the user in the memory, determines a maximum alcohol levelfrom the type and amount of alcohol consumed by the user, and determinesthe user's metabolism rate based on the maximum alcohol level and BAC %measurement taken by the breathalyzer over a predetermined period oftime.
 40. The apparatus of claim 39, wherein the processor alerts theuser at a predetermined time before the sample time to provide thebreath sample to the breathalyzer by an alarm or a message on thedisplay; and wherein the input device receives BAC % measurements of thebreath samples provided to the breathalyzer by the user at apredetermined interval until a statistically significant number ofmeasurements are obtained to determine the user's metabolism rate. 41.The apparatus of claim 40, further comprising a communications unit toprovide a wired or wireless communication with the breathalyzer; andwherein the processor receives BAC % measurements from the breathalyzervia the communications unit
 42. The apparatus of claim 39, wherein theprocessor determines the sample time to receive the breath sample fromthe user based on a time to a predetermined calibration point from thedrinking start time calculate using the user's metabolism rate and themaximum alcohol level; and wherein the processor modifies the sampletime by a predetermined lag time for alcohol to be present in user'scirculatory system after alcohol consumption by the user.
 43. Theapparatus of claim 38, wherein the apparatus is one of a followingprocessor based device: a tablet, a laptop, a personal computer, a cellphone, a GPS navigation device, a digital camera or a personal digitalassistant.
 44. The apparatus of claim 38, further comprising a webserver comprising the processor and the memory; a web-enabled clientdevice comprising an input device to receive information from the userand the display; and wherein the web-enabled client device is used toaccess the web server over the Internet to calibrate the breathalyzer.45. The apparatus of claim 44, wherein the web-enabled client device isone of a following processor based device: a tablet, a laptop, apersonal computer, a cell phone, a GPS navigation device, a digitalcamera or a personal digital assistant.
 46. The apparatus of claim 38,further comprising a web server comprising the processor; a web-enabledclient device comprising an input device to receive information from theuser, the memory and the display; and wherein the web-enabled clientdevice is used to access the web server over the Internet to calibratethe breathalyzer.
 47. The apparatus of claim 46, wherein the web-enabledclient device is one of a following processor based device: a tablet, alaptop, a personal computer, a cell phone, a GPS navigation device, adigital camera or a personal digital assistant.
 48. A computer basedmethod for calibrating of a breathalyzer using a user's body as asimulator, comprising the steps of: determining by a processor baseddevice a sample time to receive a breath sample by the breathalyzer fromthe user based a user's metabolism rate; receiving by the processorbased device a percent blood alcohol concentration (BAC %) measurementtaken by the breathalyzer based on the breath sample provided by theuser at a sample time to provide a reference point; storing thereference point in a memory of the processor based device; anddisplaying the reference point to be inputted by the user as acalibration data into the breathalyzer.
 49. The method of claim 48,further comprising the steps of: receiving information regarding typeand amount of alcohol consumed by the user, and a drinking start time bya processor based device; determining a maximum alcohol level from thetype and amount of the alcohol consumed by the user by the processorbased device; determining the metabolism rate of the user based on themaximum alcohol level and a series of BAC % measurements of the user'sbreath samples taken by the breathalyzer over a predetermined period oftime; and alerting the user to provide the breath sample to thebreathalyzer at a predetermined interval by an alarm or a message on thedisplay of the processor based device until a statistically significantnumber of measurements are obtained to determine the metabolism rate ofthe user.
 50. The method of claim 49, further comprising the step ofdetermining a sample time to receive a breath sample by the breathalyzerfrom the user based on a time to a predetermined calibration point fromthe drinking start time calculated by the processor based device usingthe user's metabolism rate and the maximum alcohol level.